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Discrimination Against Indigenous and Racialized Women in Canada

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Discrimination Against Indigenous and Racialized Women in Canada Discrimination against Indigenous and Racialized Women in Canada Report to the Committee on the Elimination of Racial Discrimination on the Occasion of the Committee’s twenty-first to twenty-third Periodic Review of Canada Submitted July 2017 by the Feminist Alliance for International Action (FAFIA), Chair in Indigenous Governance, and the Canadian Association of Elizabeth Fry Societies (CAEFS) Discrimination against Indigenous and Racialized Women in Canada Table of Contents Introduction ........................................................................................................................... 1 Acknowledgements ................................................................................................................ 1 Contact Information ............................................................................................................... 2 Inequitable access to essential services for First Nations children (Articles 1(4), 2, and 5) ....... 3 I. Convention on the Elimination of all Forms of Racial Discrimination (CERD) Committee’s Concerns and Previous Recommendations ............................................................................... 3 II. Concerns Raised in General Recommendation No 23: Rights of Indigenous Peoples (1997) ........ 3 III. The Lack of Culturally Appropriate Child Welfare Prevention Services ....................................... 3 IV. The Intersection of Violence Against Indigenous Women and Girls and the Child Welfare System ..................................................................................................................................... 4 V. Ongoing failure to comply with a Canadian Human Rights Tribunal ordering an end to such discrimination (Article 6) .......................................................................................................... 6 VI. Recommendations .................................................................................................................... 8 Sex Discrimination in the Indian Act (Articles 2 and 5) ............................................................ 9 I. CERD Committee’s Concerns and Previous Recommendations ................................................... 9 II. History of Sex Discrimination ..................................................................................................... 9 III. Bill S-3, An Act to amend the Indian Act (elimination of sex-based inequities in registration) .. 10 IV. McIvor Petition ....................................................................................................................... 14 V. Conclusion ............................................................................................................................... 14 VI. Recommendations .................................................................................................................. 15 The Social and Economic Conditions of Indigenous Women and Girls (Articles 2 and 5) ......... 15 I. CERD Committee’s Concerns and Previous Recommendations ................................................. 15 II. Deteriorating Socio-Economic Conditions of Indigenous Women and Girls .............................. 16 III. Conclusion ............................................................................................................................... 22 IV. Recommendations .................................................................................................................. 22 Murders and Disappearances of Indigenous Women and Girls (Article 5) .............................. 23 I. CERD Committee’s Concerns and Previous Recommendations ................................................. 23 II. CEDAW and Inter-American Commission on Human Rights (IACHR) Reports ............................ 24 III. The National Inquiry: Implementation of one CEDAW and IACHR recommendation ................ 25 a. No requirement to use a human rights framework ................................................................... 25 b. No explicit reference to police and the criminal justice system ................................................ 26 c. No mechanism for independent review of cases ....................................................................... 27 d. Current state of collapse ............................................................................................................ 27 IV. Status Update on Implementation of CEDAW Report recommendations ................................. 28 a. CEDAW Recommendation: Ensure that all cases of missing and murdered Indigenous women are duly investigated and prosecuted ............................................................................................... 28 i. No consistent and reliable data collection ................................................................................................. 28 ii. No standardized, co-ordinated protocols for all police forces to follow when Indigenous women and girls are reported missing ............................................................................................................................. 29 iii. No consistent standard of conduct that is transparent and enforceable for police when engaged with Indigenous women and girls ......................................................................................................................... 30 Discrimination against Indigenous and Racialized Women in Canada b. CEDAW Recommendation: Take comprehensive measures to significantly improve the socioeconomic conditions of the Indigenous community, including the conditions affecting Indigenous women both on- and off-reserve .................................................................................... 30 i. No coherent plan or strategy .............................................................................................................. 30 ii. Budgetary allocations unclear ............................................................................................................. 30 c. CEDAW Recommendation: Take specific measures to break the circle of distrust between the authorities and the Indigenous community, improve avenues of communication and engage in a meaningful dialogue with representatives of the Indigenous community ........................................ 31 i. Police brutality against Indigenous women and girls ................................................................................. 31 ii. Inadequate police complaints processes .................................................................................................. 33 V. Recommendations .................................................................................................................. 34 VI. Recent UN Treaty Body Comments on Murders and Disappearances ....................................... 35 a. Human Rights Committee (2015) .............................................................................................. 35 b. Committee on Economic, Social and Cultural Rights (2016) ...................................................... 36 c. Committee on the Elimination of Discrimination against Women (2016) ................................. 36 VII. IACHR Follow-Up Hearings on Murders and Disappearances .................................................... 37 VIII. Conclusion ............................................................................................................................. 38 IX. Recommendations .................................................................................................................. 39 Exclusion of Indigenous Women's Organizations from Nation to Nation Talks (Articles 2 and 5 of CERD, Articles 18, 22 and 44 of UNDRIP) ............................................................................ 40 I. New Federal Government ........................................................................................................ 40 II. Canada endorses the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) ............... 40 III. Indigenous Women's Organizations Excluded from Nation-to-Nation Framework ................... 40 IV. Recommendations .................................................................................................................. 41 Racialized Women and Employment (Article 5) ..................................................................... 42 I. CERD Committee’s Concerns and Previous Recommendations ................................................. 42 II. Wage Inequality ...................................................................................................................... 42 III. Pay Equity ............................................................................................................................... 43 IV. Part-time, Casual, Precarious Work ......................................................................................... 44 V. Care Givers .............................................................................................................................. 45 VI. Recommendations .................................................................................................................. 48 Access to Justice for Indigenous and Racialized Women (Article 6) ........................................ 48 I. CERD Committee’s Concerns and Previous Recommendations ................................................. 48 II. Legal Aid .................................................................................................................................
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